Order No. 17 dt. 04/04/2019
The case of the complainant in brief is that the complainant maintained a salary account of o.p. bank at Kakurgachi Branch. In or about June, 2015 the complainant approached the o.p. bank for availing of credit card and duly applied the same. The complainant while transferred in the Burdwan Branch requested the o.p. bank to transfer the account, but o.p. bank instead of transferring the account from Kakurgachi Branch to Burdwan Branch only the address was changed. The complainant detected two fraud transactions in respect of the said credit card for payment of LIC premium amounting of Rs.12,012 and also for online shopping amounting to Rs.5999/-. After getting such information the complainant informed the o.p. no.2 who advised the complainant to submit the credit card holder dispute form and also asked for destroying the credit card. The complainant immediately submitted the credit card holder dispute form. The complainant went to Burdwan P.S. for lodging an FIR, but I.C. Burdwan P.S. refused to accept the FIR without mentioning all the details of the said transactions. The complainant, thereafter, requested the o.p. bank for providing the details of the transactions, but the same was not provided. Ultimately the complainant found that the amount was deducted from his salary account and the account was freezed. Thereafter the complainant sent a lawyer’s notice, but no action was taken. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for reimbursement of the entire salary amount deducted by o.ps. as well as compensation and litigation cost.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant maintained a salary account and also approached for availing the credit card facility and the same was provided. The complainant while brought to the notice of o.ps. regarding the fraud in respect of two transactions for which o.ps. informed the complainant for lodging an FIR and to inform the said fact to o.ps. but the complainant failed to provide the copy of FIR. It has also been alleged that as per the advice of Burdwan Branch the complainant raised the dispute to those transactions and also provided the details of the said transactions by furnishing attested printout of internal system of the bank. As per the advice of the complainant the earlier credit card was blocked and a fresh credit card was issued and enhanced credit limit of Rs.45,000/- was allowed to the customer. The complainant was provided with the statement of account of the said credit card. The complainant failed to pay the amount and o.p. bank duly intimated the complainant vide their letter dt.19.7.17 that a lien has been marked on his salary account to the tune of Rs.28,012.39 being the outstanding as on that date against the said credit card. In spite of receipt of the said notice the complainant did not turn up, consequently the salary account of the complainant was put on debit freeze. It has also been alleged that two transactions were held on 27.9.16 and 28.9.16, but the complainant noticed the same only on 3.10.16 and o.ps. denied that the complainant did not have the details of the said transactions. In order to have the monetary gain from o.ps. and for avoiding the payment of the amount the complainant has manufactured such case for which o.ps. prayed for dismissal of the case. The o.ps. also annexed all the documents including the application for credit card, statement of account, etc.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant had the credit card facility with o.p. bank?
- Whether there was any fraudulent transaction took place in respect of the said credit card?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant maintained a salary account of o.p. bank at Kakurgachi Branch. In or about June, 2015 the complainant approached the o.p. bank for availing of credit card and duly applied the same. The complainant while transferred in the Burdwan Branch requested the o.p. bank to transfer the account, but o.p. bank instead of transferring the account from Kakurgachi Branch to Burdwan Branch only the address was changed. The complainant detected two fraud transactions in respect of the said credit card for payment of LIC premium amounting of Rs.12,012 and also for online shopping amounting to Rs.5999/-. After getting such information the complainant informed the o.p. no.2 who advised the complainant to submit the credit card holder dispute form and also asked for destroying the credit card. The complainant immediately submitted the credit card holder dispute form. The complainant went to Burdwan P.S. for lodging an FIR, but I.C. Burdwan P.S. refused to accept the FIR without mentioning all the details of the said transactions. The complainant, thereafter, requested the o.p. bank for providing the details of the transactions, but the same was not provided. Ultimately the complainant found that the amount was deducted from his salary account and the account was freezed. Thereafter the complainant sent a lawyer’s notice, but no action was taken. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for reimbursement of the entire salary amount deducted by o.ps. as well as compensation and litigation cost.
Ld. lawyer for the o.ps. argued that the complainant maintained a salary account and also approached for availing the credit card facility and the same was provided. The complainant while brought to the notice of o.ps. regarding the fraud in respect of two transactions for which o.ps. informed the complainant for lodging an FIR and to inform the said fact to o.ps. but the complainant failed to provide the copy of FIR. It has also been alleged that as per the advice of Burdwan Branch the complainant raised the dispute to those transactions and also provided the details of the said transactions by furnishing attested printout of internal system of the bank. As per the advice of the complainant the earlier credit card was blocked and a fresh credit card was issued and enhanced credit limit of Rs.45,000/- was allowed to the customer. The complainant was provided the statement of account of the said credit card. The complainant failed to pay the amount and o.p. bank duly intimated the complainant vide their letter dt.19.7.17 that a lien has been marked on his salary account to the tune of Rs.28,012.39 being the outstanding as on that date against the said credit card. In spite of receipt of the said notice the complainant did not turn up, consequently the salary account of the complainant was put on debit freeze. It has also been alleged that two transactions were held on 27.9.16 and 28.9.16, but the complainant noticed the same only on 3.10.16 and o.ps. denied that the complainant did not have the details of the said transactions. In order to have the monetary gain from o.ps. and for avoiding the payment of the amount the complainant has manufactured such case for which o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact the complainant while in enjoyment of the credit card facilities two transactions in respect of LIC premium as well as online shopping had taken place and those transactions had taken place on 27.9.16 and 28.9.16, but the complainant raised dispute that he came to know of the said transactions on 3.10.16. The complainant has failed to explain why so much delay was committed in respect of those transactions whenever the complainant has alleged that he never made such transactions in respect of those amounts. The o.ps. were informed of and the dispute was raised and the complainant was asked to destroy the credit card and subsequently the complainant was again provided with the credit card facility which was accepted by the complainant. Since the amount lying due in respect of the earlier credit card was brought forward with the providing of the new credit card to the complainant and he was informed, but the complainant did not raise any objection at that time. The complainant whenever found that the salary account was freezed and it is found from the materials on record that the complainant was informed earlier by o.p. bank regarding freezing of the said salary account since the salary account was lien with the credit card. The complainant after coming to know of the said fact did not make any effort to pay the outstanding dues and also failed to provide the documents including the copy of FIR to o.p. bank for detection of the fraud as alleged by the complainant. Since the complainant did not come with clean hands and only objection raised by the complainant that whenever he was posted in Kolkata he maintained the salary account at Kakurgachi Branch and subsequently with the change of his address the o.p. bank rightly changed the address of the complainant and it was recorded in the said account. It is the usual practice that in case of using the credit card an OTP is provided to the card holder and after mentioning of the said OTP which is communicated to the card holder through his registered mobile phone the amount is cleared and the credit facility is enjoyed by the credit card holder. The complainant being the credit card holder could have raised this objection while he was informed through message by providing OTP, but the complaiant, if he would not have mentioned the OTP the amount would not have been released by the concerned bank. Since the complainant failed to clarify the matter and only made allegation that two fraud transactions were held for which we are constrained to hold that there was any deficiency in service or unfair trade practice on the part of o.ps. and the complaimant will not be entield to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.73/2018 is dismissed on contest without cost against the o.ps.
